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(영문) 서울중앙지방법원 2014.11.28 2014고정3560
여객자동차운수사업법위반
Text

Defendant shall be punished by a fine of KRW 700,000.

Where the defendant fails to pay the above fine, one hundred thousand won shall be one day.

Reasons

Punishment of the crime

On April 11, 2014, the Defendant: (a) around 23:50 on April 23, 2014, the Defendant: (b) carried three customers, who did not possess cargo, into the vehicle for trucking transport business, and (c) transported boomed up to 20,000 won of charge to the 20,000 won of charge for the 20,000 won of the bareboat shopping mall located in Jung-gu Seoul Metropolitan Government, Jung-gu.

Summary of Evidence

1. Partial statement of the defendant;

1. Details of the comprehensive motor vehicle:

1. Application of statutes on site photographs;

1. Relevant legal provisions concerning facts constituting an offense, and the latter part of subparagraph 1 of Article 90 of the Passenger Transport Service Act that selects punishment;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Judgment on the Defendant’s assertion under Article 334(1) of the Criminal Procedure Act

1. The summary of the assertion is that the Defendant is a six-party trucking business operator registered before November 30, 2001, and thus, the Defendant’s act of this case does not constitute a violation of the Passenger Transport Service Act, as passengers can transport together with cargo.

2. According to the Supreme Court en banc Decision 2004Do1228 Decided November 18, 2004, the term “passenger transport business”, which is punishable when operating a passenger transport business without obtaining a license or making a registration under Article 90 subparag. 1 of the Passenger Transport Service Act, means the business of transporting passengers for consideration by using the passenger automobiles and buses under Article 3 of the Automobile Management Act, and the act of transporting passengers for consideration by using the trucks, special automobiles, or two-wheeled automobiles, etc. which do not fall under passenger automobiles, is not included in passenger transport business under the interpretation of the above provisions of the Passenger Transport Service Act.

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